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REPORT on the IMPACT of ELECTORAL SYSTEMS on WOMEN's REPRESENTATION in POLITICS Adopted by the Council for Democratic Election

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REPORT on the IMPACT of ELECTORAL SYSTEMS on WOMEN's REPRESENTATION in POLITICS Adopted by the Council for Democratic Election Strasbourg, 16 June 2009 CDL-AD(2009)029 Study No. 482 / 2008 Or. Engl. EUROPEAN COMMISSION FOR DEMOCRACY THROUGH LAW (VENICE COMMISSION) REPORT ON THE IMPACT OF ELECTORAL SYSTEMS ON WOMEN’S REPRESENTATION IN POLITICS Adopted by the Council for Democratic Elections at its 28th meeting (Venice, 14 March 2009) and the Venice Commission at its 79th plenary session (Venice, 12-13 June 2009) on the basis of a contribution by Mr Michael KRENNERICH (Expert, Germany) This document will not be distributed at the meeting. Please bring this copy. www.venice.coe.int CDL-AD(2009)029 - 2 - TABLE OF CONTENTS I. Introduction ...................................................................................................................3 II. The concept of representation ......................................................................................4 III. The concept of electoral systems..................................................................................4 IV. The concept of gender quotas ......................................................................................5 V. Statistics on women’s political representation...............................................................5 VI. Women’s access to parliament .....................................................................................7 VII. “Families” of electoral systems, and their impact on women’s representation..............8 VIII. Technical elements of electoral systems and their impact on women’s representation9 IX. The impact of gender quotas on women’s representation ..........................................13 X. Political parties as important contextual factors ..........................................................16 XI. Conclusions.................................................................................................................17 Appendix A: Glossary.............................................................................................................20 Appendix B: Women’s parliamentary representation in CoE member states.........................22 Appendix C : Electoral systems in member states of the Council of Europe .........................24 Appendix D: References ........................................................................................................26 - 3 - CDL-AD(2009)029 I. Introduction 1. By letter dated 19 May 2008, the Chairperson of the Parliamentary Assembly’s Committee on Equal Opportunities for Women and Men asked, in the name of the above-mentioned Commission, the Venice Commission to draft a report on « The impact of electoral systems on women’s representation in politics ». 2. The Venice Commission asked Mr Krennerich (expert, Germany) to prepare a draft report (CDL-EL(2009)004). 3. This opinion was adopted by the Council for Democratic Elections at its 28th meeting (Venice, 14 March 2009) and by the Venice Commission at its 79th plenary session (Venice, 12- 13 June 2009). 4. According to international human rights standards (such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, or the Convention on the Elimination of all Forms of Discrimination against Women) there is a state obligation, also for European states, to ensure the equal participation of women and men in political and public decision-making (Rec(2003)3, Explanatory memorandum, I A, 9). 5. The under-representation of women in many European parliaments must be considered as problematic from a democratic and human rights perspective. In order to promote democracy and human rights in its member states thus “one of the Council of Europe’s priorities in the field of equality between women and men is to ensure a more balanced participation of both sexes in political and public decision-making” (Rec(2003)3, Explanatory memorandum, I C, 13). 6. There are a wide variety of socio-economic, cultural and political factors that can hamper or facilitate women’s access to parliament. Structural explanations reveal that women’s participation in politics is dependent on factors such as the overall development of the country, an extended welfare state, the socio-economic status of women, the levels of female education or the proportion of women in employment. Cultural approaches refer to gender differences in political socialisation and adult gender roles and to the role of religion or cultural traditions. Among genuine political factors, e.g. the institutional features of democracies, the development of parties and party systems, the degree of party support or the strength of women’s movements and networks are important as well. 7. As for the institutional aspects of politics, one factor empirically found to be strongly influential is the electoral system. According to the Council of Europe, there is a strong relationship between electoral systems and the number of women in national parliaments. Therefore, the Committee of Ministers recommends that the Council of Europe (CoE) member states should, where electoral systems are shown to have a negative impact on the political representation of women in elected bodies, adjust or reform those systems to promote gender- balanced representation (Rec(2003)3, Appendix A, 5). 8. Besides the electoral system, the effective implementation of gender quotas is an institutional factor of paramount importance. Actually, gender quotas provide one of the most notable powers for women’s parliamentary representation today. Not surprisingly, the Committee of Ministers recommends that the COE member states should consider adopting legislative reforms to introduce parity thresholds for candidates in elections at all levels. Where proportional lists are applied, the introduction of “zipper systems”, alternating both sexes, should be considered (Rec(2003)3, Appendix A, 3). The nomination processes within the parties are also important. 9. The aim of the present study is to offer information on the impact of the electoral system on women’s representation in politics, i.e. in national parliaments. Those elements of the electoral system that mostly influence women’s access to parliament will be identified. Since gender CDL(2009)080 - 4 - quotas have become part of the electoral processes in many parts of the world, the application of gender quotas is also considered here. On the basis of a deeper understanding of these institutional factors, strategies to increase women’s parliamentary representation via legal reforms can be examined adequately. II. The concept of representation 10. The present study deals mainly with “descriptive representation”. It is concerned with the proportion of women in parliament and the fact that women are - in terms of numbers - underrepresented there. It should be clear from the outset that “descriptive representation” is not identical to “substantive representation”. The latter asks whether women, if elected, are actually acting on behalf of women. 11. Women’s presence in elected bodies can not be regarded as a sufficient, but as a necessary condition for the substantive representation of women. Without women being present in parliament they will not be represented adequately there. Although the substantive representation of women can not be considered to be an exclusive task of women, female parliamentarians are much more likely to promote women’s interests and concerns than men, even if there is no guarantee that they do so. The analysis of plenary debates shows that female representatives have a qualitative impact on parliamentary life. However, women need to be supported by political parties and civil society in order to exert real power. 12. The relationship between women’s descriptive and substantive representation is often analysed on the basis of the “critical mass” concept. According to this concept, once women constitute a particular proportion of a parliament, politics and policies will be transformed. Accordingly, the number of women in parliament really does matter. 13. It is generally acknowledged that women need to reach a critical mass of at least one third of the seats of a legislative body in order to be able to exert a real influence on the decisions taken by this body (Rec(2003)3, Explanatory memorandum, I B, 12). In 1995 the Beijing Process strived for 30% women’s parliamentary representation, and also the UN Committee on the Elimination of Discrimination against Women (CEDAW) refers to the “critical mass” of 30 to 35 per cent women’s participation (see General Comment No. 23 (1997) on political and public life). 14. In accordance with the European Parliament resolution of 18 January 2001, however, for a balanced gender representation a minimum of 40% of each sex in parliament needs to be reached (Rec(2003)3, Explanatory memorandum III, 32). For real gender parity, therefore, measures need to be taken to move beyond the “critical mass” level of women’s representation. III. The concept of electoral systems 15. The understanding of electoral systems can be interpreted either narrowly or widely. In a wide sense the term “electoral system” refers to the entire electoral process, including provisions concerning electoral rights and the election administration. In a narrow sense, as it is understood in this study, the electoral system regulates the means by which voters express their political preferences and how votes are translated into political mandates/seats. 16. Electoral systems are fixed components of every type of election, be it an election for a single person, as in the case of elections for president,
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